A veteran’s military records are protected by the Privacy Act of 1974, 5 U.S.C. § 552a (the Privacy Act or the Act). During the veteran’s lifetime, only the veteran can access his or her records – unless, of course, you have a Power of Attorney, Legal Guardianship, Executorship or other legal appointment. If the veteran is deceased, then the law permits the next-of-kin to access the veteran’s records. Next-of-kin is statutorily defined as father, mother, brother, sister, son, daughter or un-remarried surviving spouse. You will also have to provide proof of death such as a copy of the death certificate, an obituary or a letter from your funeral director. If you are not the next of kin of a deceased veteran, or the veteran him/herself, you can still obtain certain information concerning a veteran through our Freedom Of Information Act (FOIA) service. If the separation occurred more than 62 years ago, the record falls into the public domain and no specific permission is required in order to access the record. However, even if a file meets archival dates, if the record is to be used for “Benefits”, the signature of the next-of-kin will be required.